A and B (No 3) (domestic abuse – no direct contact – s91(14)), Re
[2023] EWFC 192 (B)
GB (Parental Alienation: Welfare), Re
24 May 2024
[2024] EWFC 168 (B)
Family Court
A father was found to have abused his wife and neglected his children. The court decided the children should live with their mother and have no contact with their father except for letters or cards. The father is also not allowed to make any more court applications without permission for several years.
Key Facts
- •Father's coercive control, neglect, financial control, misleading information to the court, and rape of the mother.
- •Court found no merit to the father's allegations against the mother.
- •Father's non-acceptance of court findings but non-opposition to orders.
- •Children's ages: 13 and 9.
- •Previous judgments: [2024] EWFC 75(B) and [2023] EWFC 150.
Legal Principles
Welfare of the child is paramount.
Children Act 1989, s.1(1)
Right to respect for private and family life.
Article 8, Human Rights Act 1998
Court's power to make orders under s.91(14) Children Act 1989 to prevent further applications.
Children Act 1989, s.91(14)
Considerations for changing a child's surname; welfare paramount.
D v E [2021] EWFC 37
Parental Responsibility cannot be terminated if parents were married at the time of birth.
Children Act 1989
Outcomes
Child Arrangements Order: Children to live with mother; no direct contact with father; indirect contact (letters/cards) via email.
Best interests of the children, consistent with their wishes and feelings.
Specific Issue Order: Change of children's surname to remove father's surname.
Best interests of the children, given the father's harmful actions and the significant change in circumstances.
Prohibited Steps Order: Restrictions on father's parental responsibility (communication with schools, medical decisions, etc.).
Welfare of the children demands protection from the father's behavior.
Order under s.91(14) Children Act 1989: Father prohibited from making further applications to the court without leave until the youngest child turns 16.
To protect the children and mother from further litigation abuse and coercive control.